Astronaut Sues Dido, Getty Over Album Cover Image

A former NASA astronaut has filed suit in federal court in Los Angeles, charging British pop star Dido with unauthorized use of the astronaut’s likeness on an album cover. Also named as defendants were Dido’s agent, her record companies, and Getty Images, which allegedly licensed the image.

Bruce McCandless is shown on the cover of Dido’s “Safe Trip Home” album floating in space above planet earth, several hundred feet away from a space shuttle where a fellow astronaut photographed him. The image (shown here) was shot in 1984, when McCandless was testing a nitrogen-powered jet pack that allows astronauts to venture untethered from space shuttles.

McCandless’s face is not recognizable–he is dwarfed by outer space and planet earth in the image, which was shot from afar. But according to his lawsuit, the Dido album cover identifies him as the astronaut in the picture. And the same image (shown at right) appears on NASA’s web site, identifying McCandless as the subject of the photo.

McCandless says in his claim that the use of the image for commercial purposes without his consent is a violation of his right of privacy and publicity. He is seeking a court order to bar the defendants from continuing to use the image, and unspecified monetary damages.

17 Responses to “Astronaut Sues Dido, Getty Over Album Cover Image”

I thought NASA pictures were public property? I’ve seen many NASA pics used in all kinds of publications/products & films. I’m guessing that NASA astronauts sign a lot of paperwork when they enter the program that would include a release of some kind regarding documents/images of their NASA missions. When I think of all the products that have Neil Armstrong’s picture on them, I wonder how this astro could win this lawsuit.

It’s not the copyright that’s at issue, it’s the third party or model rights. Believe me the atronauts did not sign model releases for commercial use of their images, and they know exactly who they are in every photo. I know someone who does clearances for film, tv shows et all and they always clear the astronauts because they will sue.

Nasa pictures can be used editorially anywhere without astronauts permission. That’s different, but commercial products, they probably do need to license the astronauts likeness. Of course there are many unauthorized uses and the astronauts lawyers probably only approach the deep pocketed ones.

Is this another case of Getty being clever and grabbing something which is available for free and then licensing its use by third parties? Or do they have some agreement with NASA? This could get interesting.

If he’d sued in Illinois, he’d be home and dry. In California, he’s home and vigorously toweling himself off. Dido et al are estopped from any kind of defense other than that CA law just doesn’t forbid what they did – they’ve not only admitted they knew who it was, THEY TOLD EVERYBODY WHO SEES THE PICTURE WHO IT IS. Putting the astronaut’s name on the album itself was even more monumentally stupid than using it in the first place.

It’s because stars are very faint light sources compared to the other objects in the picture: the exposure has to be controlled so that they aren’t over-exposed which means the stars don’t show up. Look at pictures people take of backyard parties and things at night – when the sky is visible, you’ll rarely see stars, and for the same reason. Or take your digicam outside tonight and try it for yourself!

Some of the people who don’t believe we landed on the moon several decades ago have used this phenomenon as evidence that the pictures were doctored or taken on a stage of some kind: like most other claims, it turns out that not only are they wrong, but what you see is actually evidence that the pictures *were* taken where they were. Had they been faked, the fakers would have tried to make them look “more real” by putting in stars.

[...] -Mr. Reinsdorf isn’t the only one in the middle of a legal battle over a photo. A former NASA astronaut Bruce McCandless is suing British pop singer Dido for reportedly using his likeness on the cover of her newest album, entitled Safe Trip Home. Although McCandless is not recognizable in the photo that depicts an astronaut floating over the earth, he claims that the cover photo identifies him and is suing the singer, her record company, and Getty Images, who allegedly licensed the photo. (PDN Pulse) [...]

Actually, if Dido’s record company licensed the image from Getty, doesn’t that mean that she’s off the hook? It’s up to the licensing entity to ensure the proper clearances, not the end user. The whole POINT of licensing is to off-load responsibility for this sort of issue.

That may be the whole point of licensing from the point of view of the end user, but the law doesn’t care. ROP misappropriation is a tort of strict liability under most systems where it exists at all. Everybody who profited from the misappropriation of the astronaut’s ROP is jointly liable to the astronaut. They’ll have to fight amongst themselves as to who should compensate who for that liability: that’s not the astronaut’s problem.

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